Represented creditors committee in chapter 11 bankruptcy cases of two industrial companies with low 8 figures of debt. Negotiated for terms in confirmed plan of reorganization that provided payment of administrative expense claims, guaranteed recovery to unsecured creditors, and additional payments to unsecured creditors if reorganized company performed well.
Represented stalking horse purchase in successful acquisition of a division of the debtor’s company via section 363 of the Bankruptcy Code.
Represented stalking horse purchase in successful acquisition of the debtor’s manufacturing facility via section 363 of the Bankruptcy Code.
Represented creditor with seven figure unsecured claim in successful negotiations to be named a critical vendor and to negotiate even better trade terms with the debtors than existed before the commencement of the bankruptcy cases.
Represented ad hoc committee of judgment creditors in successfully breaking-up proposed restructuring seemingly for the benefit of insiders, and successfully advocated for conversion of case to chapter 7 proceeding and appointment of a trustee.
Represented creditors committee in chapter 11 bankruptcy case of coal companies with 8 figures of debt. Negotiated for sale of assets which included assumption of environmental obligations and for carve-out from secured lender that benefited unsecured creditors.
Represented for petitioning creditors to commence involuntary chapter 11 bankruptcy case against putative debtor. Negotiated successful end to the case via mediation which restructured putative debtor’s secured debt and satisfied claims of other petitioning creditors.
Represented creditors committee in chapter 11 bankruptcy cases of regional tire sales company with 8 figures of debt. Negotiated for terms in confirmed plan of reorganization that provided payment of unsecured claims in full.
- In re Equine Oxygen Therapy Resources, Inc. et al., Lead Chapter 7 Case No. 14-51611-GRS (Bankr. E.D. Ky.)
Represented two small businesses as chapter 7 debtors.
Represented debtor, owner/operator of a small hospital, in chapter 11 case with over nine figures of debt. Successfully negotiated and closed on sale of hospital, and successfully negotiated and confirmed plan of liquidation, within approximately six months of filing case.
The BGD team represented Simon Property Group in a complex breach of contract dispute that involved over 60 shopping malls across the US. At issue was a master agreement relating to janitorial services. After several years of aggressive litigation, including dozens of depositions and extensive motion practice, the case was resolved on very positive terms for Simon.
The BGD team, together with co-counsel, obtained a $584 million judgment in a case involving breach of fiduciary duty claims involving several siblings related to the disposition of commercial real estate and closely held stock in Griffin Industries, Inc., a family owned business. Our client and her co-plaintiff sisters prevailed in the district court after five years of litigation and a two-week bench trial.
The BGD Team successfully defended a group of family-member shareholders in a closely-held corporation dispute in which the Plaintiff-shareholders claimed more than $14,000,000 in damages. After a bench trial in December 2016, the Court issued a 45-page order, largely adopting our team’s proposed findings, and which resulted in a complete judgment in our clients’ favor on all of Plaintiffs’ claims.